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HTMLA “Virtual Merger” is Underway between Chicago-Area Alexian Brothers Health System and Adventist Midwest Health
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 4, 2014, previously published on June 25, 2014
Chicago-area Alexian Brothers Health System and Adventist Midwest Health signed a non-binding letter of intent to form a joint operating company, a collaboration commonly referred to as a virtual merger. As Alexian brings five hospitals to the agreement and Adventist brings four, the health systems...

 

HTMLSupreme Court Rules Compliance with FDA Labeling Guidelines Does Not Bar Lanham Act False Advertising Suits - POM Wonderful v. Coca-Cola Co.
Bruce Colbath, Gregg Re; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 2, 2014, previously published on June 19, 2014
In a highly anticipated decision, the Supreme Court on June 12 announced that compliance with food labeling guidelines promulgated by the Food and Drug Administration will not operate as a bar against false advertising claims brought under the Lanham Act. In its decision, the Court made clear that...

 

HTMLBeyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 30, 2014, previously published on June 19, 2014
In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition established a monopoly in the market for petroleum wax-based oxidates. After the acquisition, Lubrizol increased prices for oxidates in March, July and...

 

HTMLDepartment of Justice Opens Review of ASCAP and BMI Consent Decrees
Bruce Colbath, Gregg Re; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 30, 2014, previously published on June 12, 2014
The Antitrust Division of the Department of Justice this month announced that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in comments “on competitive concerns that arise from the joint licensing of...

 

HTMLThe Future of DSH Payments?
Eric A. Klein, Selene Mak; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 27, 2014, previously published on June 17, 2014
According to the Centers for Medicare and Medicaid Services (CMS), the federal government disburses $11.5 billion annually in disproportionate-share hospital (DSH) payments to states. DSH payments are intended to offset the cost of treating the uninsured (uncompensated care) and Medicaid shortfalls...

 

HTMLLast Wishes, First Impression: Potential Legal Issues Arise After Munich Recluse Passes Away, Bequeathing Nazi-looted Art to a Swiss Museum
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 27, 2014, previously published on June 11, 2014
Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix, and Chagall. The unusual legal issue here: one month before his...

 

HTMLExpected Executive Order Protecting LGBT Employees has Implications for Employers
Christopher J. Collins, Ryan Duffy; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 25, 2014, previously published on June 23, 2014
The White House announced last week that President Barack Obama is preparing to issue an executive order prohibiting government contractors from discriminating against employees or job applicants on the basis of sexual orientation or gender identity. Federal contractors are already barred from...

 

HTMLProposed Health IT Strategy Aims to Promote Innovation
Eugene Y.C. Ngai, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 17, 2014, previously published on June 11, 2014
On April 7, 2014, the Food and Drug Administration (FDA), in consultation with the Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC) released a draft report addressing a proposed strategy and recommendations on an...

 

HTMLEIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and Evidence Supporting Measures’ Effectiveness in Substantially Reducing Air Quality Impacts Blamed
Jeffrey W. Forrest, Zak Welsh; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 16, 2014, previously published on June 11, 2014
Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California Environmental Quality Act by failing to adequately (1) analyze the health...

 

HTMLCEQA Class 3 Categorical Exemptions Permitted for AT&T Installations
Amar Naik; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 16, 2014, previously published on June 11, 2014
The First District Court of Appeal held that AT&T’s proposed installation of new utility cabinets in the City of San Francisco fell within CEQA’s Class 3 categorical exemption for the “installation of small new equipment and facilities in small structures.” The court...

 


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